RTAUZYUW RUEWMFU7256 2201950-UUUU--RUCRNAV.
ZNR UUUUU ZUI RUENAAA7256 2201950
R 081949Z AUG 05 PSN 317699K35
FM SECNAV WASHINGTON DC
TO ALNAV
ZEN/ALNAV @ AL ALNAV(UC)
INFO ZEN/CNO CNO
BT
UNCLAS
SUBJ: INTERIM POLICY AND TRAINING REQUIREMENTS FOR CRIMINAL
JURISDICTION
PASS TO OFFICE CODES
FM SECNAV
TO ALNAV
     BT
UNCLAS//N05800//
ALNAV 059/05
MSGID/GENADMIN/SECNAV//
SUBJ/INTERIM POLICY AND TRAINING REQUIREMENTS FOR CRIMINAL
JURISDICTION OVER CERTAIN CURRENT AND FORMER MEMBERS OF THE U.S.
ARMED FORCES, AND OVER CIVILIANS EMPLOYED BY OR ACCOMPANYING THE
U.S. ARMED FORCES OUTSIDE THE UNITED STATES//



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REF/A/DOC/18 U.S.C. 3261-3267/07JAN2003//
REF/B/DOC/DODI 5525.11/03MAR2005//
REF/C/DOC/DODD 5525.1/21NOV2003//
NARR/REF A IS 18 U.S.C. 3261 THROUGH 3267 (CRIMES AND CRIMINAL
PROCEDURE, MILITARY EXTRATERRITORIAL JURISDICTION). REF B IS DOD
INSTRUCTION 5525.11 (CRIMINAL JURISDICTION OVER CIVILIANS EMPLOYED
BY OR ACCOMPANYING THE ARMED FORCES OUTSIDE THE UNITED STATES,
CERTAIN SERVICE MEMBERS, AND FORMER SERVICE MEMBERS). REF C IS DOD
DIRECTIVE 5525.1 (STATUS OF FORCES POLICY AND INFORMATION).//
POC/K. IAN/LCDR/OJAG (CODE 20)/LOC:WASHINGTON, DC/TEL:(202)685-7060
/TEL:(DSN)325-7060//
RMKS/1. REF A ESTABLISHED U.S. FEDERAL CRIMINAL JURISDICTION FOR
OFFENSES COMMITTED BY CERTAIN CURRENT AND FORMER MEMBERS OF THE U.S.
ARMED FORCES, AND OVER CIVILIANS EMPLOYED BY OR ACCOMPANYING THE
U.S. ARMED FORCES OUTSIDE THE UNITED STATES. REF B IMPLEMENTS DOD
POLICIES AND PROCEDURES AND ASSIGNS RESPONSIBILITIES UNDER REF A AND
IS APPLICABLE TO ALL DON COMMANDS. IMMEDIATE COMPLIANCE IS REQUIRED.
A DON IMPLEMENTING INSTRUCTION IS FORTHCOMING; HOWEVER, PENDING
PROMULGATION, THIS ALNAV PROVIDES INTERIM GUIDANCE ON POLICY AND
PROCEDURES FOR IMPLEMENTATION OF REFS A AND B. THE FOLLOWING AREAS



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ARE ADDRESSED HEREIN: OCONUS COMMANDER'S AUTHORITY TO SEEK CRIMINAL
PROSECUTION OF CIVILIANS IN U.S. FEDERAL COURT; NOTICE PROVISIONS TO
AFFECTED PERSONS; ASSIGNMENT OF COUNSEL FOR INITIAL PROCEEDINGS HELD
OCONUS; AND TRAINING REQUIREMENTS.
2. THE STAFF JUDGE ADVOCATE FOR THE DESIGNATED COMMANDING OFFICER
FOR EACH COUNTRY, AS DEFINED BY REF C, IS RESPONSIBLE FOR REVIEWING
AND TRANSMITTING CRIMINAL INVESTIGATIONS TO THE DESIGNATED
DEPARTMENT OF JUSTICE OFFICE, VIA (1) THE COMBATANT COMMANDER AND
(2) DOD GENERAL COUNSEL, FOR POSSIBLE FEDERAL PROSECUTION.
3. NOTICE REQUIREMENTS: WITHIN 60 DAYS OF THIS ALNAV, COMMANDS SHALL
NOTIFY PERSONS CURRENTLY EMPLOYED BY OR ACCOMPANYING DON FORCES
OVERSEAS (EXCEPT LOCAL NATIONALS OR PERSONS ORDINARILY RESIDENT IN
THE HOST NATION) THAT THEY ARE POTENTIALLY SUBJECT TO CRIMINAL
JURISDICTION IN ACCORDANCE WITH REFS A AND B. COMMANDER NAVY
PERSONNEL COMMAND AND DEPUTY COMMANDANT (MANPOWER AND RESERVE
AFFAIRS) SHALL ENSURE THAT TRAVEL AND TRANSFER ORDERS ISSUED TO
SERVICE MEMBERS TO OVERSEAS ASSIGNMENTS INCLUDE NOTIFICATION OF THE
APPLICABILITY OF REFS A AND B. THE OFFICE OF CIVILIAN HUMAN
RESOURCES SHALL ENSURE NOTIFICATION FOR ALL DON CIVILIAN EMPLOYEES
ASSIGNED TO OVERSEAS BILLETS. ALL CONTRACTING ACTIVITIES SHALL



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ENSURE THAT CONTRACTORS AND CONTRACTOR EMPLOYEES EMPLOYED BY OR
ACCOMPANYING U.S. NAVAL FORCES OCONUS ARE PROVIDED NOTIFICATION. ALL
COMMANDS SHALL INCORPORATE NOTIFICATION OF REFS A AND B INTO ALL
OCONUS INDOCTRINATION AND SPONSORSHIP PROGRAMS.
4. COMMANDER NAVAL LEGAL SERVICE COMMAND AND THE STAFF JUDGE
ADVOCATE TO THE COMMANDANT OF THE MARINE CORPS SHALL ENSURE THAT
STAFF JUDGE ADVOCATES ASSIGNED TO OVERSEAS COMMANDS COMPILE LISTS OF
CIVILIAN COUNSEL AVAILABLE TO PROVIDE REPRESENTATION, AND ENSURE
PROPER TRAINING AND COORDINATION FOR ASSIGNMENT OF MILITARY DEFENSE
COUNSEL PROVIDING REPRESENTATION AT INITIAL PROCEEDINGS. THE
ASSIGNMENT OF MILITARY DEFENSE COUNSEL PURSUANT TO SECTION 3265 OF
REF A SHALL ONLY OCCUR AFTER A U.S. FEDERAL MAGISTRATE HAS ORDERED
SUCH REPRESENTATION. MILITARY DEFENSE COUNSEL MAY PROVIDE
REPRESENTATION ONLY FOR THE LIMITED PURPOSE OF INITIAL PROCEEDINGS
OCONUS. PRIOR TO RECEIVING MILITARY DEFENSE COUNSEL REPRESENTATION,
A PERSON SHALL EXECUTE AN ACKNOWLEDGEMENT OF THE LIMITED
REPRESENTATION AS PROVIDED IN ENCL (4) OF REF B. UNION
REPRESENTATION SHALL BE ACCORDED IN COMPLIANCE WITH APPLICABLE
COLLECTIVE BARGAINING AGREEMENTS PER REF B.
5. WITHIN 120 DAYS OF THIS ALNAV, NCIS AND CID WILL ENSURE THAT



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SERVICE MEMBERS DESIGNATED AND AUTHORIZED TO MAKE ARRESTS UNDER REF
A RECEIVE TRAINING BRIEFINGS ON REFS A AND B, TO INCLUDE TRAINING ON
RIGHTS OF THE ACCUSED. THEREAFTER, SUCH TRAINING IS TO BE
INCORPORATED IN ANNUAL REQUIRED TRAINING.  POC FOR NCIS TRAINING IS
NCIS TRAINING ACADEMY, PROGRAM MANAGER FOR IN SERVICE PROGRAMS.
COMMERCIAL NUMBER IS (912)267-2975.
6. RELEASED BY THE UNDER SECRETARY OF THE NAVY.
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